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HomeMy WebLinkAbout6835'_ - I�-.��U��. �(�.�rV�rvr�i � Zvi ffr4- /I/ Sed. � Yd - P44 Ayrr--W)C,,r-r-d BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider kpF SOUr�� N% http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 2, 2015 RECEIVED AN - 8 2 1Q2 . a. �l outhold Town Clerk ZBA FILE: 6835 NAME OF APPLICANT: Gerald Stagg SCTM 1000-118-3-3.1 PROPERTY LOCATION: 7500 Nassau Point Road (Goldfish Pond Road, not open), Cutchogue, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 16, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming, 1.14 acre parcel in the R-40 zone. The northerly lot line measures +/- 289.04 feet. The easterly lot line measures +/-159.76 feet along Nassau Point Road. The southerly lot line measures +/-309.65 feet, and the westerly lot line measures +/-172.23 feet along Goldfish Pond Road. The property has two front yards, and is improved with a single family dwelling and attached garage, as shown, with the proposed pool and patio addition, on the survey drawn by Frank Barylski Land Surveying, dated Dec. 4, 2014. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 6, 2014 Notice of Disapproval based on an application for building permit for accessory in - ground swimming pool, at; 1) location other than the code required rear yard. RELIEF REQUESTED: The applicant requests a variance in order to construct a swimming pool and patio addition in a front yard, rather than in a code required rear yard location. ADDITIONAL INFORMATION: Since the easterly lot line of this property abuts Nassau Point Road, and the westerly lot line abuts Goldfish Pond Road, the lot has been determined to have two frond yards. Goldfish Pond Road is an undeveloped private ROW that is impassable to vehicles and not likely to be opened in the future. Page 2 of 3 — April 2, 2015 ZBA#6835 — Stagg SCTM# 1000-118-3-3.1 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 19, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool will not be visible from neighboring houses. Pools are customary accessory structures in the residential zones. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Because the property officially has two front yards, there is no conforming rear yard area in which to locate the new pool. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the front yard area along the undeveloped Goldfish Pond Road is the practical rear yard for this property. This the only area in which a pool can be feasibly located. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions below. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool in a front yard location, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Dantes, and duly carried, to GRANT the variance as applied for, and shown on the survey drawn by Frank Barylski Land Surveying, dated Dec. 4, 2014. CONDITIONS: 1. Pool mechanicals shall be placed is a sound deadening enclosure. 2. Drywell for pool de -watering shall be installed if necessary to remove water from the pool. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3 of 3 — April 2, 2015 ZBA#6835 - Stagg SCTM# 1000-118-3-3.1 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dante, Goehringer. This Resolution was duly ado ed (5-0). Leslie Kanes Weisman, Chairperson Approved for filing f/ 7 /2015 SURVEY OF: PROPERTY LOCATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.M. # 1000-118-3-3.1 AREA = 49.717.7 SF. = 1.1414 ACRES SCALE: 1"=50' NOTE: THE EXISTENCE OF RIGHT OF WAYS. WETLANDS AND/OR EASEMENTS OF RECORD IF ANY. NOT SHOWN ARE NOT GUARANTEED. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION TM OF THE NEN YORK STATE EDUCATION LAN. COPIES OF THIS SURVEY MAP NOT BEARING THE LAD SURVEYORS INKED OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES OR CERTIFICATIONS INDICATED HEREON SHALL RUM ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTION GUARANTEES OR CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SlY9SEAlENT OWNERS. FB 1252 CONVEYED LAND N/F Py �TH� MA DIAFEN ' FRASER TO � SRF / LAND N/F P. TENNANT o� STAKEn STOCKADE FENCE- 8,5'/N 289-04' n E o ►7 W 3s �E�V ED R u I z", BOAR) OF APPEALS jDR'VEWA q FINAL MAP EWAY GRATE GRATE O ASPHALT �' IREVIEWED BY ZBA X09 4, SEE DECISION # S rn Q 26.3 om GAR. S<�rn DATED POOL cy mW EDUIP 25.8 8. mvNJb > oa TRELLIS 25.3 7qm= m rcz+ r moa ' d O 0- STAKE SET MULTI -LEVE ry4 > PROPOSED DECK u < OPOLE PATIO 34.8 UTILITY J W 358 SF. > Of LLJ Z) N _ cr ii o U L MON N nj FARE N 8 6 u 3 1' 2 8 .o WSHED Op FENCE O.L. 1.5'/S � 309.65' FUT-)I ` � rq 4422 LAND N/F `sl�'Q LAPD P. MCCAFFREY SURVEYED BY: FRANK BARYLSKI LAND SURVEYING RIVERHEAD. NY 11901 PHONE 631-727-1730 FAX 631-284-3697 DECEMBER 4, 2014 COUNTY OF SUFFOLK • Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner January 16, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY .11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: RECEIVED 039=14 , Division of Planning and Environment Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Elliott, Robert #6834 Staff, Gerald #6835 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner k"M e H. LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY, 4th FI 0 P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 0 (631) 8535191 • FORM NO.3 TOWN Or SOU THOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO. Good Ground Associates Inc. PO Box 319 IIampton Bays, NY 11946 Please take notice that your application dated October 28, 2014 For permit for construction of an in -Around swimming pool at Location of property: 7500 Nassau Point Road. Cutchogge NY County Tax Map No. 1000 — Section 118 Block 3 Lot 331 Is returned herewith and disapproved on the following, grounds: REIV�3� !d JAN U 7 2015 BOARD OF APPEALS DATE: November 6, 2014 The proposed construction on this conforming, 1.14 acre parcel with two front ids is not permitted pursuant to Article M, Section 280-15 which states "In the Aerieultural-Conservation District and Low-DensityResidential R-80 R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear ard." The proposed in -ground swimming pool is noted as being, located in the front yard Cc: bile, ZBA TO/T0 39Vd S331snai Q-0HInOS 109999Lt£9 09:bT t'TOZ/90/Li • � RECEIVED 6935 JAN 0 7 2015 Fee: $ Filed By: Assignment No. F APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 7500 Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 118 Block 3 Lot(s) 3.1 Lot Size 1.14 acres Zone R I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 11/06/14 BASED ON SURVEY/SITE PLAN DATED 7/6/12 Applicant(s)/Owner(s): Gerald Stagg Mailing Address:_ 305 West 72nd Street, Apt. 7C, New York, New York 10023 Telephone: (212) 720-5209 Fax: (212) 720-7775 Email: gerald.stagg@ny.frb.org NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Harvey A. Arnoff, Esq. for (X) Owner( )Other: Address: 206 Roanoke Avenue, Riverhead, New York 11901 Telephone: (631) 727-3904 Fax: (631) 727-3940 Email: harnoff@arnofflaw.com Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (3 Authorized Representative, () Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 7/6/12 and DENIED AN APPLICATION DATED 10/23/14 FOR: (� Building Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy () Change of Use ( ) Permit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: III Section: 280 Subsection: 15 Type of Appeal. An Appeal is made for: (� A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, ()9 has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# • � RECEID� P7NO15 IAN REASONS FOR APPEAL (Please be specific, additional sheets may be used with preA$RD OF APPEALS signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: Other properties in the neighborhood, including both properties on either side of the subject property, have pools in the back of the houses which border the paper street (Goldfish Pond Road) at what appears to be rear yard, although considered parcel with two front yards. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existence of Goldfish Pond Road suggests that the subject property has two front yards, requiring a variance for the pool on either side. It is not feasible to build a pool right next to the house as there is a drop off to the side, requiring additional support, such as concrete pilings, and a massive deck. 3. The amount of relief requested is not substantial because: A review of the paper street indicates that it has been built upon by neighbors and is essentially useless other than existing on a map. Sheds, wood piles and, I believe, even a pond are somewhere situate in the bed of this "road." 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Although technically the property has two front yards due to the paper street, it appears that the pool will be located in the rear yard, to the rear of the house, much like other similar properties in the area, specifically the two parcels on either side of the subject property. 5. Has the alleged difficulty been self created? f ) Yes, or f )f No Why: Are there any Covenants or Restrictions concerning this land? {}{ No f ) Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the city, Swot me this Z�day of to 20 . Publi NOpIl1PUM04008 fir ►y SignatFof Applicant or Au rized Agent (Agent must submit writtgn Auth nation from Owner) RECEIVED APPLICANT'S PROJECT DESCRIPTION JAN 05� BOAR/OF APPEALS APPLICANT: Harvey A. Arnoff, Esq. DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: Not applicable II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Not applicable Dimensions of new second floor: Not applicable Dimensions of floor above second level: Not applicable Height (from finished ground to top of ridge): Not applicable Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Not applicable III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Two story single family residence Number of Floors and Changes WITH Alterations: Two story single family residence with pool IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Not applicable Square footage of your lot: 1.14 acres Percentage of coverage of your lot by building area: V. Purpose of New Construction: Install in -ground swimming pool VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): The yard to the rear of the house is large, flat and cleared and most suitable for an in -ground swimming pool. The left side yard slopes somewhat and provides much less area than the rear of the house. The right side yard features a driveway, thus not suitable for a swimming pool. Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 • RECEIVED JAN 0 7� l -� 3 .S QUESTIONNAIRE BOARD OF APPEALS FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel existing single family and the proposed use same with pool (ex: existing single family, proposed: same with garage, poo / i Autho ' d signature and Date 0 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD I� RECEIVED lAN 0 7��35 BOARD OF PEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Harvey A. Arnoff 2. Address of Applicant: 206 Roanoke Avenue, Riverhead, New York 11901 3. Name of Land Owner (if other than Applicant):_ Gerald Stagg 4. Address of Land Owner: 305 West 72nd Street,aA w York, New York 10023 5. Description of Proposed Project: Installation of in -ground swimming pool 6. Location of Property: (road and Tax map number) 7500 Nassau Point Road, Cutchogue, NY, 1000-118-3-3.1 7. Is the parcel within 500 feet of a farm operation? { } Yes {A No 8. Is this parcel actively farmed? { } Yes {4 No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 2. 3. 4. 5. (Please use the back of this page if there are additional property owners) I /_a / L'5 --- Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. • 617.20 Appendix B Short Environmental Assessment Form Instructions for Comgletin� RECEIVED X326 JAN 7 7015 BOARD OF APPEALS Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1- Project and Sponsor Information Name of Action or Project: 7500 Nassau Point Road, Cutchogue, New York Project Location (describe, and attach a location map): 7500 Nassau Point Road, Cutchogue, New York Brief Description of Proposed Action: Installation of in -ground swimming pool to rear of residential one family home where paper street exists technically creating two front yards and no rear yard. Name of Applicant or Sponsor: Telephone: (631) 727-3904 Harvey A. Arnoff, Esq. E -Mail: harnoff@arnofFlaw.com Address: 206 Roanoke Avenue City/PO: State: Zip Code: Riverhead NY 11901 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. X 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: X 3.a. Total acreage of the site of the proposed action? 1.1414 acres b. Total acreage to be physically disturbed? 32'x 16' iteres- c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 1.1414 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial EXResidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 RECEIVEV 5. Is the proposed action, a. A permitted use under the zoning regulations? JAN U % (! l ri � W35 b. Consistent with the adopted comprehensive plan? BOARD OF APPEALS NO YES N/A x X 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X X X 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES X 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES X 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES X X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES X X 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban LR Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO YES X Page 2 of 4 • 18. Does the proposed action include construction or other activities that water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: • �oC" f A< NO YES 2 )nO X 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: X 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Hy r , sq. Date: �� I Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? X 2. Will the proposed action result in a change in the use or intensity of use of land? X 3. Will the proposed action impair the character or quality of the existing community? X 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? X 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? X 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonablyavailable energy conservation or renewable energyopportunities? X 7. Will the proposed action impact existing: a. public / private water supplies? X X b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? X 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? X Page 3 of 4 RECEIVER Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Not applicable ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. gC Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Page 4 of 4 from Responsible Officer) No, or Moderate 0 " JAN small to large Wmay 35 'impact impact OF APPEALS ay ccur 130ARQ occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? X 11. Will the proposed action create a hazard to environmental resources or human health? X Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Not applicable ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. gC Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Page 4 of 4 from Responsible Officer) TRANSACTIONAL DISCLOSURE FORM RECEIVD 93 ,SAN 0 7 '/W, BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Arnoff, Harvey A. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the appticant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Signature A. 2015 • APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM • RECEIVED� JAN u 7 `()5 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of int*Mt on the Part of town officers and employees The Purpose of this form is to provide information whisb can alert the town of nossible conflicts of interest and allow it to take whatever action is necessary to avail some. YOUR NAME : Stagg, Gerald (Last name, first name, middle initial, unless you are applying in the name orsomeone else or other entity, such as a company. irso, indicate the other person's or company's nume.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance XX Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicanVagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) 13) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) Q an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this o" y f�) °�+ Signature Print Name _ Gerald StaQq 0 Board of Zoninji Anneals Annlleation AUTHORIZATION (Where the Applicant is not the Owner) 1, Gerald Stagg (Print property owner's name) RECEIVED ?.AN, 0 7 &S35 BOARD OF APPALS residing at 305 West 72nd Street, Apt. 7C (Mailing Address) New York, New York 10023 do hereby authorize Law Offices of Harvey A. Arnoff Southold Zoning Board of Appeals. (O er's Signature) Gerald Stagg (Print Owner's Name) (Agent) to apply for variance(s) on my behalf from the 0 Town of Southold 0 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS k RECEIVE D 1 JAN U BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown. northfork. net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 118 - 3 - 3.1 The Application has been submitted to (check appropriate response): Town Board E Planning Dept. E Building Dept. 0 Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Fxl Nature and extent of action: Variance to install in -ground swimming pool to the rear of one family residential house where paper street exists creating, technically, two front yards and no rear yard. • REC IVE� < Location of action: 7500 Nassau Point Road, Cutchogue i n KI �! �' ZQj Site acreage: 1.14 BOARD OF APPEALS Present land use: Single family residence Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Harvey A. Arnoff, Esq. (b) Mailing address: 206 Roanoke Avenue, Riverhead, New York 11901 (c) Telephone number: Area Code (63)727-3904 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X❑ If yes, which state or federal agency?, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the WownRffC4. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria � 0 Yes []]No ® JAN o 7 z0 Not Applicable /Rmfton Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria E Yes El No © Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes []No © Not Applicable RECEIVE[ b�, 35 JAN Attach additional sheets if necessary BOARD Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes[] No © Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No © Not Applicable # RECEIVED BOARD OF APP S Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes 1:1 No © Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 512510511:20 AM 0 FORM NO. 4 • TOWN OF SOUTHOLD RECEIV� BUILDING DEPARTMENT b Office of the Building Inspector J Town HallJAN0���� Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-30390 Date_ 08/31/04 THIS CERTIFIES that the building NEW DWELLING Location of Property: 7500 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 118 Block 3 Lot 3.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 27, 2002 pursuant to which Building Permit No. 29027-Z dated DECEMBER 19, 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is SINGLE FAMILY DWELLING WITH TWO CAR _GARAGE, COVERED FRONT PORCH & REAR WOOD DECK AS APPLIED FOR. The certificate is issued to JOHN F & GAIL L HANLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-02-0103 08/23/04 ELECTRICAL CERTIFICATE NO. 1158989 05/26/04 PLUMBERS CERTIFICATION DATED Rev. 1/81 07/09/04 BERTSAND PLUMB.&HEATING th ize Signature Town of Southold Annex 7/22/2013 P.O. Box 1179 RECEIVED 54375 Main Road Southold, New York 11971 JAN d 7 2015 -- ----- - g0UF APPEALS CERTIFICATE OF OCCUPANCY No: 36411 Date: 7/22/2013 THIS CERTIFIES that the building RESIDENTIAL ADDITION Location of Property: 7500 Nassau Point Rd, Cutchogue, SCTM #: 473889 Sec/Block/Lot: 118.-3-3.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this ofi6ced dated 1/17/2013 pursuant to which Building Permit No. 37764 dated 1/18/2013 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: deck and "as built" trellis addition to an existing one family dwelling as applied for The certificate is issued to Hanley, Gail (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 0riz Si ture TOWN OF, SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST B TILDING,EVARTMENT need the following, before applying? Do you hWof TOWN HALL i Health SOUT1IOLD, NY 11971 RECEIVED 4 sets of Building Plans TEL: `(631) 7654842 0� Planning Board approval FAX: (631)765-9502 JA N 0 7 ZOi`� SUrve' SoutholdTown.NorthFork.net PERMIT'NO.=, Check Septic CBOARD OF APPEALS Y sDE N.Y.S.D.E.C. Trustees Flood Permit Examined 120 Storm -Water Assessment Form Contact: 5"1 !-tre~ °d �u� AsS�� y►C Approved , 20it to: Bv� i amP A f N Disapproved a/c('1 Phone: r Expiration , 20 OCT 2 8 2014 BLDG. DEPT. TOWN OF SOUTHOLD TION FOR BUILDING PERMIT Date to /13 , 201 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Ax,r,,� ov�� (Signature of applicant or name, if a corporation) od Ground AsSoe. the iso box �rq. MMP?'D► (&� jS N y ! l9 0 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 6UILI)�� Name of owner of premises 6 E9 A W 5-1 A CfG' (As on the tax roll or latest deed) If a icant is corporation, signature of duly authorized officer If = I°Qc St D enT ame and title of corporate officer) Builders License No. Plumbers License NO. Electricians License No. 6 234- M E Other Trade's License No. 1. Location of land on which proposed work will be done: 7 SO 0 1VA SSA'U eo NT R e A.D eu Ta* -m � /tit E House Number Street Hamlet County Tax Map No. 1000 Section `j g Block 3 Lot 3 ► Subdivision Filed Map No. / Lot P70- 12-& 4 P10 1-17 • 2. State existing use and occupancy of premises and intended use and occupancy of proposed RfqLQD a. Existing use and occupancy 51 N (CM l L`( oct 51 p ev 69 b. Intended use and occupancy SAN JAN 0 7 '1.015 3. Nature of work (check which applicable): New Building Addition BdARDAqtr&PEALS Repair Removal Demolition Other Work 5 dt fr HW(f POOL Ic AT �p D (Description) 4. Estimated Cost 100 L 9x1%000 t Pa -110 sr ©.a0 U Fee (To be paid on filing this. application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor. If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7 Dimensions of existing structures, if any: Front 45 Rear y 5 Height Number of Stories 2 Depth 33' Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase 3 Name of Former Owner JO h n k (-(i / H d Vl I 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO-)—< 13. Will lot be re -graded? YES NO Will excess fill be removed from premises? YES NO 6"d '7670o ovaaau P� 2d 14. Names of Owner of premises Address &Tt!ffDOt-". NN Phone No. &3 16 Name of Architect Address Phone No Name of Contractor 5h*v/ l k,�y� 4, K Address p0 8ox 3 r Phone No. 6 31- ?)-r-191 ~77)Af s^'y 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO i< * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF SM�m L .n-'y5'1Ti1tfC being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the 1�0~m—U C (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed_the said work and to make and file this appl that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. to before me t day of Notary Public )EGM M ORLANDO F611C - Statt of Nein York NO.01OR6204167 ' 141414-6utiolk County 98'310n EXPirOs SOP 12.2017 Signature of A t ti 12/31/2014 lip Alp - os Ab 12/11/2014 s. TOWN OF SOUTHOLD P OPERTY `RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOTS!! 'r4 cy'F Y FORMER OWN! Gat( (- r- i—tCML N. E ACREAGE f S W TYPE OF BUILDING RES. IN SEAS. VL. FARM COMM. I IND. I CB. I MISC: ( Est. Mkt. Value ND IMP. TOTAL DATE REMARKS9 t o H60 V), s- ��-� .r e w f -Q r O v �, e> 0 a \.� -/ I jj/� {{1 U U 6 q /�//,t7? 6 0 6 yt ,� 4If, j o, Z. l 3 uc i 6- � CC "� &.0 v"k" c ? 1Go (D-ff r f +_ i; fro' Y 'C t V f' 70 0> �"� r�� z2-ao �/r,�� � BUIL INGC�NDITf 405-J Yi t to 3 419, NORMAL a FRONTAGE ON WATER f fQxnl-- Acre P_Ev e Per Acre a! ►e• FRONTAGE ON ROAD r f" , �,� - � le 1 I BULKHEAD Tillable 2 DOCK.RECEIVED Tillable 3 °f Woodland Swampland # Z = 0 cau ' /ARD OF APPEALS Brushland ;sy ;' a 7/ X-0 a a Horse Plot J a. r / 1 I —,3 77i — reoic e -h'., IZZI Y03- 10/(d/3 Toto I 118.-3-3.1 3/05 Bldg. .tension RECEIVED LS 1.31()ARD OF C • 6935 RECEIVED JAN 0 7 2015 Attorney At Law BOARD OF APPEALS 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoff(barnofflaw com Harvey A. Arnoff *Not for service of legal papers Victoria L. Dow Of counsel paralegal George R Biondo Colleen Grattan-Arnoff, R.N., LNC Richard A. Hammer January 5, 2015 Thomas G. Nolan Town of Southold Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, New York 11971 Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York SCTM: 1000-118-3-3.1 Dear Sir or Madam: With reference to the above matter, enclosed please find an original and seven (7) copies of the following documents: 1. Application for Area Variance, 2. Project Description, 3. Questionnaire, 4. Agricultural Data Statement, 5. LWRP Consistency Assessment Form, 6. Environmental Assessment Form, 7. Owner's Authorization, 8. Agent's Transactional Disclosure Form, 9. Owner's Transactional Disclosure Form, 10. Certificates of Occupancy, 11. Permit Application with accompanying survey dated July 6, 2012 and plans, 12. Notice of Disapproval, 13. Town Property Card, 14. Survey dated December 14, 2014, 15. Photos. LAW OFFICES OF HARV*. ARNOFF Town of Southold January 5, 2015 RECEIVED Page 2 b D s JAN 0 7 2015 BOARD OF APPEALS Also enclosed is our check in the amount of $500.00. Kindly process the application at your earliest convenience. Should you require any additional information or documentation, please do not hesitate to contact the undersigned. Very truly yours, Harvey A. HAA/kf Enclosure cc: Mr. Gerald Stagg • ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o��g�ff0(�co� o� s� N = oy� • O�yc • Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 12, 2015 RE: Zoning Appeal No. 6835 Transmitted herewith is Zoning Appeals No. 6835 for Harvey A. Arnoff for Gerald Stagg - The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Agent/Representative Transactional Disclosure Form, Applicant/Owner Transactional Disclosure Form, Board of Zoning Appeals Application Authorization for the Law Offices of Harvey A. Arnoff from Gerald Stagg, LWRP Consistency Assessment Form, Notice of Disapproval to Good Ground Associates Inc. Dated November 6 of 2014, Certificate of Occupancy for No. Z-30390 Dated August 31 of 2004, Certificate of Occupancy for No. 36411 Dated July 22 of 2013, Application for Building Permit Dated October 23 of 2014, 3 Pages of Photos, Town of Southold Property Record Card for Tax Map # 1000- 118.-3-3.1, A 2 Page Letter to the Town of Southold Zoning Board of Appeals from Harvey A. Arnoff Dated January 5 of 2015, Survey of Property Tax Map No. 1000-118.-3-3.1 Dated December 4 of 2014, Drawing of Pool Dimensions, Survey of Property for Tax Map No 1000- 118.-3-3.1 Dated July 6 of 2012. ***RECEIPT*** Date: 01/09/15 Receipt#: 180491 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6835 $500.00 Total Paid: $500.00 Notes: Payment Type Amount CK #23632 $500.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Arnoff, Harvey A 206 Roanoke Ave Riverhead, NY 11901 Paid By Arnoff, Harvey A Clerk ID: SABRINA Intemal ID: 6835 BOARD MEMBERS 0 Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth SchneiderNV http: //southoldtown.northfork.net 0 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 19, 2015: 4:40 P.M. - GERALD STAGG #6835 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 6, 2014 Notice of Disapproval based on an application for building permit for accessory in -ground swimming pool, at; 1) location other than the code required rear yard, located at: 7500 Nassau Point Road (Goldfish Pond Road, not open) Cutchogue, NY. SCTM#1000-118-3-3.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.TothO-Town.Southold. ny.us Dated: March 6, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK --------------------------------------------------------------------X In the Matter of the Application of GERALD STAGG L—l.J AFFIDAVIT OF MAILING SCTM Parcel #: 1000 —118 — 3 — 3.1 #6835 --------------------------------------------------------------------X State of New York ) ) s.s.. County of Suffolk ) Kerryann Farina, residing at Center Moriches, New York, being duly sworn, deposes and says that: On the 6th day of March, 2015, 1 personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice with cover letter and survey in prepaid envelopes addressed to current property owners on the current assessment roll verified from the official records on file with the Assessor's Office for every property which abuts and is across a public or private street, or vehicular right of way of record, surrounding the applicant's property. See the attached list. 2015 ai fiblic ` Renee odsell Notary Public, tate of New York No. 01G06103602 Qualified In Suffolk County�y�� �- Commission Expires Dec. 29 i S 00 Michael & Karen Catapano 33705 County Road 48 Peconic, New York 11958 1000-118-4-1 Michael R. & Robin S. Drews 105 Hemlock Road Short Hills, New Jersey 07078 1000-118-4-2 Justin Blair 555 Bridge Lane Cutchogue, New York 11935 1000-118-3-1 Patricia Tennant P.O. Box 903 Cutchogue, New York 11935 1000-118-3-3.6 John J. Stack Patricia E. McCaffrey 7650 Nassau Point Road P.O. Box 1296 Cutchogue, New York 11935 1000-118-3-4.1 0* U.S. Postal Service CERTIFIED MAIL 'HECEIPT a (Domestic. Provided) M M r*C01 FF I CIAL. U E. - r9 ru Postage $ _ CeNfied Fee 3 Postrna�� C] Realm Receipt Fee^ '11 Here C] (Endorsement Required) p?, � �. Restricted Delivery Fee ? -- r3 (Endorsement Required) co s Total posleae R Faaa r-1 M Michael & Karen Catapaho o �, 33705 County Road 48 orP01 Peconic, New York 11958 -W-14i (Domestic. Provided) ru M For. ri ru postage $ j M Certified Fee O ¢ C3 � Return Receipt Fee H@re O (Endorsement Required) C3 ResMcted Delivery Fee O (Endorsement Required) .0 Total Postage & Fees _ r-1 117 w--17 Michael R. & Robin S. Drews C3 t 105 Hemlock Road �`-or PO s Short Hills, New Jersey 07078 Provided) r.., (Domestic Mail Only; No Insurance Coverage M For delivery information visit our website at www.usps.com m ra ru M . P°emge $ Q '�ti ' tR H R Certified Fee 30 r 0 Return Recelpt Feere C O KfndorsementRequired) D _ C:3 Restricted Delivery Fee 6 (Endorsement Required) t3 co �. (Q Sir -a Total Pnofwtu R Fees � - �, ant Justin Blair C3 _ 555 Bridge Lane 0 $free r� orA Cutchogue, New York 11935 cros a M CERTIFIED MAIL RECEIP'll .. delivery visit our vicbsite FI A Provided) at . L rl_I Postage ru postage $ AL M r -q g -° 5F 0 Cerfifled Feea O O Return Receipt Fee Required) 2 t, O(Endorsement Restricted Delivery Fee cD d (Endorsement Required) ?� co Lk ra Total PnaTarw R Foos Tennant 117Patricia C3 Ng, P.O. Box 903 °'i' Cutchogue, New York 11935 City Postal Service RTIFIFD MAIL RECEIF 4 (Domestic Mail Only; No Insurance Coverage Provioec For delivery information visit our website at www.usps.corn co I a ■ rq rl_I Postage M Certitled Fee r -q 0 Return Reoelpt Fee O (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) cD ..D Total Powarre R Fees 1 7h v.- v v John J. Stack t Patricia E. McCaffrey `e 7650 Nassau Point Road or PO.Ma P.O. Box 1296 Cutchogue, New York 11935 N HARVEY A. ARNOFF tj Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofHaw com Harvey A. Arnot Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC By Certified Mail Retum Receipt Requested Michael & Karen Catapano 33705 County Road 48 Peconic, New York 11958 *Not for service of legal papers Of counsel George E Biondo Richard A. Hammer March 6, 2015 Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: As previously advised, this firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as -a copy of a survey of our client's property indicating the location of the proposed pool. The hearing previously scheduled for March 5, 2015 was cancelled due to inclement weather and has been rescheduled for March 19, 2015 at 4:40 p.m. Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours, f Harveyk Arnot HAA/kf Enclosure cc: . Dr. Gerald Stagg IT] HARVEY A. ARNOFF r� Attorney At Law 206 Roanoke Avenue, Riverhead, NY. 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofHaw com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC By Certified Mail Retum Receipt Requested Michael R. & Robin S. Drews 105 Hemlock Road Short Hills, New Jersey 07078 *Not for service of legal papers Of counsel George F Biondo Richard A. Hammer March 6, 2015 Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: As previously advised, this firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board 'of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. The hearing previously scheduled for March 5, 2015 was cancelled due to inclement weather and has been rescheduled for March 19, 2015 at 4:40 p.m. Should you have. any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours, Harvey AAArnoff HAA/kf Enclosure cc: Dr. Gerald'Stagg N HARVEY A. A.RNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoff@arnofflaw.com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC March 6, 2015 By Certified Mail Return Receipt Requested Justin Blair 555 Bridge Lane Cutchogue, New York 11935 ="I *Not for service of legal papers Of counsel George E Biondo Richard A. Hammer Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: As previously advised, this firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. The hearing previously scheduled for March 5, 2015 was cancelled due to inclement weather and has been rescheduled for March 19, 2015 at 4:40 p.m. Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours, tI .( Harvey A `Arnoff HAA/kf Enclosure cc: Dr. Gerald Stagg N HARVEY A. ARNOFF N Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofHaw com Harvey A. Arnoff *Not for service of legal papers Victoria L. Dow Of counsel Paralegal George E Biondo Colleen GrattanArnoff, R.N., LNC Richard A. Hammer Thomas G. Nolan March 6, 2015 By Certified Mail Retum Receipt Requested Patricia Tennant P.O. Box 903 Cutchogue, New York 11935 Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: As previously advised, this firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. The hearing previously scheduled for March 5, 2015 was cancelled due to inclement weather and has been rescheduled for March 19, 2015 at 4:40 p.m., Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours, Harvey A. A�noff HAA/kf Enclosure cc: Dr. Gerald Stagg N HARVEY A. ARNOFF N Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofHaw com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC March 6, 2015 By Certified Mail Retum Receipt Requested John J. Stack Patricia E. McCaffrey 7650 Nassau Point Road P.O. -Box 1296 Cutchogue, New York 11935 M *Not for service of legal papers Of counsel George F. Biondo Richard A. Hammer Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: As previously advised, this firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed .you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. The hearing previously scheduled for March 5, 2015 was cancelled due to inclement weather and has been rescheduled for March 19, 2015 at 4:40 p.m, Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours,. Harvey X A'rnoff HAA/kf Enclosure cc: Dr. Gerald Stagg N HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofflaw com Harvey A. Arnott Victoria L. Dow Parte Colleen Grattan-Arnoff, R.N., LNC *Not for service of legal papers Of counsel George F. Biondo Richard A. Hammer Thomas G. Nolan March 11, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York SCTM: 1000-118-3-3.1 Dear Sir or Madam: With reference to the above matter, enclosed please find the Affidavit of Mailing for the Legal Notice together with the receipts for certified mailing. Please note that the return receipts have not yet been received. Any return receipts received will be provided at the time of the hearing on March 19, 2015. Should you require anything additional, please advise Very truly yours Victoria L. Dow VLD/kf Enclosure cc: Mr. Gerald Stagg 00 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of GERALD STAGG Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #: 1000 —118 — 3 — 3.1 State of New York ) ) s.s.. County of Suffolk ) X 00 AFFIDAVIT #6835 X I, Victoria L. Dow, an associate at the Law Offices of Harvey A. Arnoff located at 206 Roanoke Avenue, Riverhead, New York, being duly sworn, depose and say: As sworn to in the Affidavit of Harvey A. Arnoff dated March 11, 2015, he placed the Town's Official Poster, with the date of the hearing and nature of the application noted thereon, securely upon the premises located at 7500 Nassau Point Road, Cutchogue, New York. I hereby confirm that the poster has remained in place for seven (7) days prior to the date of the subject hearing, which hearing date was shown to be March 19, 2015. V/1" 'L Victoria L. Dow Sworn to before me this day of March, 2015 tary lic wa�,,,,,,�„N.�w•� 00 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK --------------------------------------------------------------------X In the Matter of the Application of GERALD STAGG 00 AFFIDAVIT OF POSTING Regarding Posting of Sign upon #6835 Applicant's Land Identified as SCTM Parcel #: 1000 —118 — 3 — 3.1 State of New York ) ) s.s.. County of Suffolk ) I, Harvey A. Arnoff, having offices at 206 Roanoke Avenue, Riverhead, New York, being duly sworn, depose and say: On the 11th day of March, 2015, 1 personally placed the Town's Official Poster, with the date of the hearing and nature of the application noted thereon, securely upon the premises located at 7500 Nassau Point Road, Cutchogue, New York, located ten (10) feet or closer from the street or right of way (driveway entrance) facing each street or right of way entrance, near the entrance or driveway entrance of the property, as the area most visible to passersby. Sworn to before me this 14 day of March, 20 l�-cs--- otary Public DIANE REILLY Notary public, State of New York No. 01RE4718016 ' Qualified in Suffolk county Cpmmission Expires July 31, c�) ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Oft your name and addressen the reverse so that we can return the card to you. ■ Attach this card to the back of the ailpiece, or on the front If space permits. 1. Article Addressed to: Michael R. & Robin S. Drew- 105 Hemlock Road Short Hills, New Jersey 07W8 a* * (A -,4, a / Add resse%�e B.ON C ��//ivf D. Is delivery address different from iterjrl T ❑ IPes If YES, enter delivery address below: ❑ No a. service type PhOwdRed Mail 0 EWesa Mail 0 Ren' o l p a 0 Return Receipt for Merohandlea 0 I=04 Mail 0 C.O.D. 4. Restricted Delivery? (&" Fee) ❑ Yes 2. Article MNumber (►iarisfer tea 7009 1680 0001 3218 4323fromservice kw Ps Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. 1� Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. ` /��j 1. Article Addressed to: ': WII%/,Tim D. Is delivery MunnWirt from7 ii& If YES, enter del address below: No Justin Blair 555 Bridge Lane Cutchogue, New York 11935 7j servkmTAM gCortilled.lMl 0 Man 0 Repaoer s 0 Rsaunt Receipt to Marc Adlse ❑ insured Map 0 C.O.D. 1 4. Restricted D*Wgt^ftroo i lfes'' 2. Article Number ?009 1680 0001, 3 218 4 316 (rmnsfer from service label) PS Form 3811, February 2004 Domestic Return Redblpt -0b10 -M br so mete tterr,e y. 2 Print 4 N Reece 3, wee hwy Is Z=�iata SO thaYt owe and address a Attach v* can return the On the reverse Or on I Cad to the card to you. t. the back Of th "'Piece' A fiUnt N space mcle alipiece, Addr sw to: 3 ae Karen Catapan pe o 1195 County Road 18 New York 1 95 18 g' �cle Number M64fa� fom FebMa;Y 2W4 Y add rem ❑ No below. 1? Yes ---vwy-r, ..... ..... .......... . ............. .. ..... . ..... . 2.1 �8 :Eye:sf 'se U 00 Return 4,33a It sipt Receipt 0 ■ Complete items 1, 2, and 3. Also complete A. Iters 4 If Restricted Delivery Is desired.*, C,.r,,, 0 Agent X ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the rrjallpieoe _ or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 Yes If YES, enter delivery address Q� Patricia Tennant P.O. Box 903 Cutchogue New York 11935 19 3. Service type G� MIX)ardined Men 0 Express p$ 0 Registered 0 Refum �aipt 0 Irreured Mail ❑ C.O.D. 4. Restricted Deliver/ Pft Fee) 0 Yes 2. Article Number MWWWfromservice 7009 1680 0001 3218 4309 Ps Form 3811`, February 2004 Domestic Return Receipt 102595 -o2 -nn IM ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of ftgallpiece, or on the front if space permitsM 1. Article Addressed to: John J. Stack Patricia E. McCaffrey 765"assau Point Road A. SI et X , B. R calved by (Printed Nems) C. Date of Del" D. Is delivery addrese dHfeiOr, t from Iteml ? ❑ Yes If YES, enter delivery address below: ❑ No P:O: ox 1296 3. Service�Ype Cutcho ue, New York 11935 o0bertI""b d mail 13 Man g ❑ Registerd eD Return Receipt for Merchandise ❑ Insured Man 0 C.O.D. 4. Restricted Deitvery? (Extra Fee) 0 Yes 2 Article Number 7009 1680 0001 3218 4293 (Transfer from service &W Ps Form 3811, February 2004 Domestic Return Receipt 102595-0244-150 • HARVEY A. ARNOFF • Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoff(zarnofflaw com Harvey A. Arnoff *Not for service of legal papers Victoria L. Dow Of counsel Paralegal George E Biondo Colleen Grattan-Arnoff, R.N., LNC Richard A. Hammer March 26, 2015 Thomas G. Nolan Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Gerald"Stagg .Prewism 7500 Nassau. Polr tftad;Vdtchogue, New York .SCTM: 1000-118=`3-3.1 rear` Sir or Madam: With reference to the above matter, enclosed please find a return receipt for mailing the Notice of Hearing. All other return receipts were provided at the time of the hearing on March 19, 2015. Although the enclosed return receipt was received subsequent to the hearing, we are providing same to you as the instruction letter dated March 6, 2015 indicates that these are kept in the permanent record. Should you require anything additional, please advise. - Very truly you// , ( l66 Victoria L. Dow VL6 Enclosure cc: Mrs, Gerald Stagg #12133 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 12th day of March, 2015. — LEGAL N0T10E SOUTHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY MARCH 19, 2015 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearizip will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O Box 1179, Southold, New York 11971-0959, on THURSD Y MARCH 19.2013, 431 P,M- - SOLMME E 7 •ANti1 OCAPE, INC. H= - (Adj. from 118/15) Request for Variances from Article XV, Sections 21064A and 280.63 and the Building Inspector's November 5, 2014, amended December 1, M14 Notice of Disapproval based on an application for Wilding permit to construct a commercial building for landscape contractor's yard, at; 1) less than the code required front yard setback of 100 feet; 2) less than the code required minimum rear yard setback of 70 feet, located at: 67575 Main Road (aka State Route 25) Greenport, NY. SCTM#1000-52-5-583 4WD P -M- - G>•RAtac erAGG � - Request for Variance from Article III Code Section 280-15 and the Btn'Wieg Inspector's November 6, 2014 Notice of Disapproval based on an application for building permit for accessory in -ground swimming pool, at; 1) location other than the code required rear yard, at: 7500 Nassau point Road fond Road; not open) Cutde NY SCTM#1000-118-3-3.1 5411 RK - THEODO F C AI -Request for Variances under Code Section 280-18 and the Building Inspector's December 1, 2014, Amended January 28, 2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2 -1) less than the code re- quired minimum front yard setback of 50 feet, location at: 555 Broadwater; Road, Cutchogue,NY. SCTM#1000-104-12-6.1 ire me this so P.M - NAKn aed Ct1CF Rijn JM - Request for Variance from Article )MR Section 280-124 and the Build- ing Inspector's January 9, 2015 Notice of Disapproval based on an application for building permit for an 'as built' ad- dition to existing single family dwelling, at; less than the code required rear yard setback of 35 feet, located at: 400 -East Road (comer Inlet Drive) Mattituck, NY. SCTM#1000-106-3-2 X30 P.M. - CUTCHO tri 6� caw 6204 L LC � - Request for Vari- ance from Article XXII Section 280-105C the'Building Inspector's December 15, 2014 Notice of Disapproval based on an application for building permit to oon- struct 8 foot high deer fence around entire four lot sub -division, at; 1) 8' deer fence proposed in location other than side and rear yard, located at: 6213,6291,6278,6204 Oregon Road (adj. to Long Island Sound) Mattituck, NY. SCTM#s1000-82-2-3.1, 3.2, 3.3, 3.4 55 P.M. - ROB .RT and BETH Fl LIOTT 116834 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 19, 2014 Notice of Disapproval based on an application for building. permit for ad- ditions and alterations (second story) to existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, 2) less than the code required minimum side yard setback of 15 feet, located at: 275 West Road (adj. to Cutchogue Harbor) Cutchogue, NY. SCI'M#1000-110-7-11.1 6:00 RM. - MAR KING #6841- This is a request under Section 280-146D for an Interpretation of the Town Code, Ar- ticle XIII, Section 280-56, "Bulk Sched- ule", appealing the Building Inspector's December 11, 2014 Notice of Disapproval for demolition and construction of a new single family dwelling (residential use) Principal Clerk day o 1 15. 1 r CHRISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01 V06105050 Au011fled In Suffolk County ANY Commission Expires February 28, 2016 in MII Zone district required side yard setback, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCTM#1000-106-4-5 6el0 MARK II 1_ moo._ _ Re- quest for Variance from Article XIII Sec- tion 280-56 and the Building Inspectors December 11, 2014 Notice of Disapproval based on an application for building per- mit for demolition and construction of a new single family dwelling, at; less than the code required side yard setback of 25 feet, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCT'M#1000-1064-5 fu:.a� n .c n.PIr3A 1M a6ti3.a _ Request for Variance from Article XXII Section 280-105C the Building Inspector's De- cember 23, 2014 Notice of Disapproval based on an application for building per- mit to construct 8 foot high deer fence, at; 1) 8' deer fence proposed in location other than side and rear yard, located at: 740 Poquatuck Lane Orient, NY. SCTM#1000-27-3-4.5 The Board of Appeals will hear all per- sons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hear- ing will not start earlier than designated above. Files are available for review dur- ing regular business hours and prior to the day of the hearing. If you have ques- tions, please contact our office at, (631) 765-1809, or by email: Vicki.TothCaTown. Southold.ny us. Dated: March 6, 2015 ZONING BOARD OFAPPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 121334T 3/12 � 0 0 9 0 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # STAGG, GERALD 118.-3-3.1 941ARIANCE YARD LOCATION #6835 REQUEST ACCESSORY IN -GROUND POOL DATE: THURS, MAR. 79, 2015 4:40 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. OV.ONING BOARD -TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 6, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, March 19, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 12th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or. improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible: AND A.S.A.P: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as'proof of all Notices. 2) Not Later March 12th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office A.S.A.P (or bring to Public Hearing). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. • BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net • Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 5, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 5, 2015: 9:50 A.M. - GERALD STAGG #6835 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 6, 2014 Notice of Disapproval based on an application for building permit for accessory in -ground swimming pool, at; 1) location other than the code required rear yard, located at: 7500 Nassau Point Road (Goldfish Pond Road, not open) Cutchogue, NY. SCTM#1000-118-3-3.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Toth(a-Town.Southold. ny. us Dated: February 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # STAGG, GERALD 118.-3-3.1 %JARIANCE YARD LOCATION REQUEST ACCESSORY IN -GROUND POOL DATE: THURS, MAR. 5, 2015 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. tONING BOARD-TOWN OF SOUTHOLD 765-1809 � X35 ZONING B 0 v BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 ......... ....... (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 9, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, March 5, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. --If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a -mailing -address -0r, to deliver -the-letter-to the -current .owner, _ to the best ofyour.ability . and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible; AND not later than February 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 3, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK --------------------------------------------------------------------X In the Matter of the Application of GERALD STAGG SCTM Parcel #: 1000 —118 — 3 — 3.1 --------------------------------------------------------------------X State of New York ) ) s.s.. County of Suffolk ) 0 AFFIDAVIT OF MAILING #6835 Kerryann Farina, residing at Center Moriches, New York, being duly sworn, deposes and says that: On the 12th day of February, 2015, 1 personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice with cover letter and survey in prepaid envelopes addressed to current property owners on the current assessment roll verified from the official records on file with the Assessor's Office for every property which abuts and is across a public or private street, or vehicular right of way of record, surrounding the applicant's property. See the attached list. is day of goruaryj2,615 Notary P=<God, Notary PublicNo. 01G0610361State of 0 Qualified In Suffolk Coui Commission Expires Dec. 29 Michael & Karen Catapano 33705 County Road 48 Peconic, New York 11958 1000-118-4-1 Michael R. & Robin S. Drews 105 Hemlock Road Short Hills, New Jersey 07078 1000-118-4-2 Justin Blair 555 Bridge Lane Cutchogue, New York 11935 1000-118-3-1 Patricia Tennant P.O. Box 903 Cutchogue, New York 11935 1000-118-3-3.6 John J. Stack Patricia E. McCaffrey 7650 Nassau Point Road P.O. Box 1296 Cutchogue, New York 11935 1000-118-3-4.1 - • m(Domestic Mail Only: Provided) 0 For delivery information visit our website at vjww.usps.com tr ru Postage $ Ln oCerdfied F« (Endorsement RequIdWired).24 Here s 1-1 O Rastrlded Delivery Fee >� ca (Enrbrsement Required) �C -D tt r-1 Total Postage & Fees $ lL- o iwim. Michael & Karen Catapano C3 33705 County Road 48 or POE Peconic, New York 11958 cip;•sa Postal m CERTIFIED RECEIPT M(Domestic Mail Only: C3 • . .•. oFFICIAL USE a ru Postage $ C3 Certified Fee C3 Retum Rsdept Fee 0 (Endorsement Required) Here C3 Restricted liveFee ca (EndorsementReequired) S V Total Postage & Fees C3 717 Michael R. & Robin S. Drews ' N f 105 Hemlock Road c>po Short Hills, New Jersey 07078 C3tZRI M C3 0 D- 0 jj_jt# rTrj AIL - • . .- Only: .• Provided) �ru 1i Postage $ (Domestic Mail Only: No Insurance C3 • Fe. For delivery information visit our website Retum Redept Fee C , (Endorsement Required) � l U HH O Restricted Deiwery Fee co (Endorsement Required) A �C " a Total Postage & Fees Mof Justin Blair pf ubiw 555 Bridge Lane ru or PO Cutchogue, New York 11935 $ EL Certified Fee 11 CERTIFIED MAIL,.. RECEIPT Ln r,l(Domestic Mail Only: . Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.com a- a tiPostage $Ln Certified Feee��� yy RetumRecieptFee PO �- M (Endorsement Required) a ; Hj% tl M Restricted Delivery Fee } I ca (Endorsement Required) W ri yt —0 Total Postage &Fees $ M Join J. tack SW C3 ` ` Patricia E. McCaffrey I "'�' 7650 Nassau Point Road or PO 1 cm "sl P.O. Box 1296 Cutchogue, New York 11935 _J 171 - M (Domestic Mail Only: No Insurance Coverage Provided) For delivery information visit our website at www.usps.com 0 ru Postage $ Ln Certified Fee 0 0 Retum Redept Fee (Endorsement Required) Here Z O ca Restdded Delivery Fee (Endorsement Required) —D Total Postage &, Fees $ �' `tY f G, S C3 Patricia Tennant - wi P.O. Box 903 �k Cutchogue, New York 11935 ■ Complete items 1, 2. arn13 item 4 If Restricted Delivery Isdesired. ■ Print your name and address on'the reverse so that we can return the card to you. ■ Attach this card to the back ofIpiece or on the front if space permits. 1. Article Addressed to: Patricia Tennant P.O. Box 903 Cutchogue, New York 11935 2. Article Number lWWWer from servke kLbo PS Form 3811, February 2004 A. signature X (' . (-(pp ❑ bent B. Received by (Primed Name) I C. Date of Delivery D. Is delivery address dirferent from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type WEICertlfted Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7003 1680 0005 2109 0347 Domestic Return Receipt 10259&M -M-150 r ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attadh this card to the back of the�ailpiece, or on the front if space permits.'RICA An 1. Artidressed to: Michael & Karen Catapano 36705 County Road 48 Peconic, New York 11958 A. re •X ❑ Agent - — �—Y ❑ Addressee .B. ved by (Printed Name) C. Date of Deliv D. address different Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type JWCertfNed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Aft Fee) ❑ Yes 2. ArNcie Number (rrensfer from sewloe Jabal) 7003 1680 0005 210 9 0 316 PS Form 381 1,,February 2004 Domestic Return Receipt 102595 02-M 1510 1 • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse H so that we can return the card to you. fir: ■ Attach this card to the back of th silpieoeF f or on the front If space permits 1. Article Addressed to John J. Stack Patricia E. McCaffrey 7650 Nassau Point Road @" M MAV V MW B. Aliceived by (PWnted Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No P.O. Box 1296 3. servioeType Cutchogue, New York 11935 �i"�' "'a" ° Mail ❑ Registered ❑ Return Receipt for Merchandise Insured Mail ❑ C.O.D. 4. Restricted Delivery? Oft Fee) ❑ Yes 2. Article Number- 0hVW rIromsenAkeAbW 7003 1680 0005 2109 0354 PS Form 3811, February 2004 Domestic Return Receipt — 102595 -02 -M -19e 0-(q3< ■ Complete items 12 erld 3. Abid Corrtp�yt® �► St re Item 4 if Restricted Delivery is desired: X 13Agent ■ Print your name and address on the reverse ❑ A so that we can return the card to you. ■ Attach this card to the back of theate allpiece, B. Received by (Printed Name) C Df D oDelivery y or on the front if space permits. s o D I 1. Article Addressed to: I Wa — D. Is delivery address different If YES, enter delivery add 13 No Justin Blair v `*O� � (IQ p � 555 Bridge Lane Cutch off, New York 11935 s Service Type WCeMed Mail Cl Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Articleservice s %03 1 R 0 Wo r DO 0336 PS Form 3811, February 2004 Domestic Retum Receipt 102585-02-M-1iW TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK --------------------------------------------------------------------X In the Matter of the Application of GERALD STAGG AFFIDAVIT OF POSTING Regarding Posting of Sign upon #6835 Applicant's Land Identified as SCTM Parcel #: 1000 —118 — 3 — 3.1 --------------------------------------------------------------------X State of New York ) ) s.s.. County of Suffolk ) I, Harvey A. Arnoff, having offices at 206 Roanoke Avenue, Riverhead, New York, being duly sworn, depose and say: On the 25th day of February, 2015, 1 personally placed the Town's Official Poster, with the date of the hearing and nature of the application noted thereon, securely upon the premises located at 7500 Nassau Point Road, Cutchogue, New York, located ten (10) feet or closer from the street or right of way (driveway entrance) facing each street or right of way entrance, near the entrance or driveway entrance of the property, as the area most visible to passersby; and that I hereby confirm that the poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be March 5, 2015. Sworn to before me this DIANE REILLY Notary public, State of No. 01 RE471801W York 6 Qualified in Suffolk County Commission ExpiresJuiy 31, • Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffparnofflaw com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 • *Not for service of legal papers Of counsel George F. Biondo Richard A. Hammer February 27, 2015 Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York SCTM: 1000-118-3-3.1 W, . Dear Sir or Madam: :With reference to the above matter, enclosed please find the Affidavit of Posting. Should you require anything additional, please advise. Very truly yo A, Amoff HAA/kf'_ Enclosure cc: Mr. Gerald Stagg 0 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofliaw com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC By Certified Mail Return Receipt Requested Patricia Tennant P.O. Box 903 Cutchogue, New York 11935 *Not for service of legal papers Of counsel George E Biondo Richard A. Hammer February 12, 2015 Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: This firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours, Harvey A. Arnoff HAA/kf Enclosure cc: Dr. Gerald Stagg • HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631).727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofHaw.com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC By Certified Mail Retum Receipt Requested Justin Blair 555 Bridge Lane Cutchogue, New York 11935 0 *Not for service of legal papers Of counsel George E Biondo Richard A. Hammer February 12, 2015 Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: This firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours, Harvey A. Arnoff HAA/kf Enclosure cc: Dr. Gerald Stagg LI HARVEY A. ARNOFF 0 Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoff@arnofflaw.com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC By Certified Mail Return Receipt Requested Michael R. & Robin S. Drews 105 Hemlock Road Short Hills, New Jersey 07078 *Not for service of legal papers Of counsel George E Biondo Richard A. Hammer February 12, 2015 Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: This firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Verytruly yours, Harvey A. Arnoff HAA/kf Enclosure cc: Dr. Gerald Stagg • HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoff@arnofflaw.com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC By Certified Mail Retum Receipt Requested Michael & Karen Catapano 33705 County Road 48 Peconic, New York 11958 *Not for service of legal papers Of counsel George E Biondo Richard A. Hammer February 12, 2015 Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: This firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. HAA/kf Enclosure cc: Dr. Gerald Stagg Very truly yours, r Harvey A. Arnoff 0 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofliaw com Harvey A. Arnoff Victoria L. Dow Paralegal Colleen Grattan-Arnoff, R.N., LNC February 12, 2015 By Certified Mail Retum Receipt Requested John J. Stack Patricia E. McCaffrey 7650 Nassau Point Road P.O. Box 1296 Cutchogue, New York 11935 *Not for service of legal papers Of counsel George F. Biondo Richard A. Hammer Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road, Cutchogue, New York Dear Sir/Madam: This firm represents Gerald Stagg in connection with his application for a variance from the Town of Southold for an in -ground pool. Enclosed you will find a copy of the Legal Notice from the Town of Southold Zoning Board of Appeals as well as a copy of a survey of our client's property indicating the location of the proposed pool. Should you have any questions, please feel free to contact the undersigned at (631) 727-3904. Very truly yours, f i ° 4 Ary, ,(� Harvey A. Arnoff HAA/kf Enclosure cc: Dr. Gerald Stagg HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnoiflaw com Harvey A. Arnoff Victoria L. Dow Par - Colleen Grattan-Arnoff, R.N., LNC February 23, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,, New York 11971 *Not for service of legal papers Of counsel George E Biondo Richard A. Hammer Thomas G. Nolan Re: Gerald Stagg Premises: 7500 Nassau Point Road,.Cutchogue, New York SCTM: 1000-118-3-3.1 Dear Sir or Madam: With reference to the above matter, enclosed please find the Affidavit of Mailing for the Legal Notice together with the receipts for certified mailing. Please note that one return receipt has not yet been received. Same will be provided upon our receipt of same. Should you require anything additional, please advise. Very tru Harvey HAA/kf Enclosure cc: Mr. Gerald Stagg 41z1kt> STATE OF NEW YORK 0 0 ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE `SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 26th day of February, 2015. Principal Clerk LEGALNONZ 30UTEiOday of !)'1/) AX� 2015. I1.1fTAlYNZtI#>�VG le th+� BOARD OF APPEALS NOTICE IS. HEREBY 01VEN, pur- suant to Section'267 of the To1m Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11911-0959; on THr jlcDAYM_ARCH 5.2015. 4'e! AA - SOUNDSME LAND- SCAPE._ INC. 116822 - (Adj. from 1/8/15) Request for Variances from Article XV, Sections 280-64A and 280.63 and the Building Inspector's November 5, 2014, amended December 1, 2014 Notice of Disapproval based on an application for building permit to construct a commercial budding for landscape contractor's yard, at; 1) less than the code required front yard setback of 100 feet, 2) less than the code required minimum rear yard setback of 70 feet, located at: 67575 Main Road (aka State Route 25) Greenport, NY. SCIM#1p00-52.5.583 Request for Variance from Article III Code Section 280-15 and the Building Inspector's November 6, 2(14 Notice of Disapproval based on an application for hulloing permit for accessory in -ground swimming pool, at; 1) location other than the code required rear yard, located at: 7500 Nassau Point Road (Goldfish Pond Road, not open) Cutchogue, NY. SCTM#1000-118-3-3.1 j(f10 AM • ANDREAS PAVLOU jW - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October' 3, 2014 Notice of Disapproval based on an application for building permit for additions and altera- tions to existing single family dwelling, at; less than the code required minimum side yard setback of 15 feet, located at 1335 Sound Beach Drive (Central Drive) Mat- tituck, NY. SCTM#1000106.1-29 irky AM'. =ODORE C. AR- U,, F_W141, Request for Variances un- der Code Section 2W18 and the Building Inspector's December 1, 2014, Amended January 28, 2015, Notice of Disapproval for a building permit for a subdivisidn and additions and alterations to create a single family dwelling, at Proposed Lot 1 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2 -1) less than the code re- quired minimum front yard setback of 50 feet, location at: 555 Broadwaters Road, Cutchogue, NY. SCTM#1000104-12-6.1 10.50 A M • NAKO and SOSE RIZO #6826 - Request for Variance from Article XXIII Section 280,124 and the Building Inspector's January 9; 2015 Notice . of Disapproval based on an application for building permit for an'as built' addition to existing single family dwelling, at; less than the code required rear yard setback of 35 feet, located at: 400 East Road (comer Inlet Drive) Mattituck, NY SCTM#1000 106-3-2 6nL 617a 6204 LLC- #68 - Request for Variance from Article XXII Section 280- 105C 80105C the Building Inspector's December 15, 2014 Notice of Disapproval brat on an application for buildhrg permit to con- struct onstruct 8 foot high dembnoe around entire four lot subdivision, at; 1) V deer fence proposed in location other than side and rear yard, located at: 613,6291,.6278,0204 Oregon Road (adj. to Long Island Sated) Mattituck, NY. SCTM#'s10004K2-2-3.1, 3.2, 3.3, 3.4 ... . 11:30 A.M. - ROBERT cad d{B31N F.T,110117 #6934 - Request for Variances from Article )OM Sedtion 280.124 and the Building Inspector's -December 19, 2014 Notice of Disapproval based as as application for building permit for ad- ditions and alterations (sect story) to existing single family dwelling; at; 1) less than the code required minimum had yard setback of 40 feet, 2} leas than tie code required mimmum.sideyard saftck of 15 feet, located at: 275 West Read (adj. to Cutchogue Harbor) Cutchogue, NY. SC`rM#1000-110.7-11.1 .Ibis is a request under Section 2801461D for an Interpretation of the Town Code, Mile XIII, Section • 280.56, "Bulk ScheAde", appealing the Building ..Inspector's Do- cember 11, 2014 Notice of Disappsowl for demolition and construction of a single family dwelling (residential W* in ME Zone district required side yead setback, located at: 200 East Mill Rad (adj. to Mattituck Creek) Mattituck, NY. SCTM#1000-106 4-5 p. - r.3n n_M. - MARK KING - NIQ - Re- quest for Variance from Article XIII Seo- tion 280.56 and the Building Inspector's December 11, 2014 Notice of Disapproval based on an application for budding per- mit for demolition and oatstrucaon of a new single family dwelling, at; leas than the code required side yard setba* of 25 feet, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCTM#1000106.4-5 JAS Eh - MARY ROMAN sed EL- RNi" for. Variance from Article XXII Section 280- 1050. the Building Inspector's December 23, 2014 Notice of Disapproval based on an application for building permit to 000- struct 8 foot high deer fence, at; 1) 8' dam fence proposed in location other than side and rear yard, located at 740 Poquatuclt Lane Orient,NY, SCIW100027-3-4.5 The Board of Appeals vM.heer all per- sons or their representative4desiring to be heard at each hearing, and/or desiring to, submitwrittea statements before the con- clusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regu- lar business hour's and prior to the day pf the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vfeki,TbthfdTown.Southold.ny:us Dated: February 9,2015 - ZONING BOARD OF APPEALS LESLIE KANF-S WEISMAN, CHAIRPERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971.0959 . d.?zk, CHRISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commission Expires February 28, 2016 6 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 8, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: `A Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6835 Owner/Applicant : STAGG, Gerald Action Requested: Construction of an in -ground swimming pool. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lesl ZBA Encls. .i DIAGCNAI�N _ BRACE: HC 81RACE A r 71I 1 40' CEMENT PAD 2-S7AKING I UNDISTURBED BAR5 -` EARTH BRACING DETAIL SECTION A -A t WALL PANEL WALL PANE CORNER ANGLE ° FILLERS —` ° ia- 0 °1 WALL PAN, CORNER DETAIL AREA L 1 I m 8' COPING J. z 0 SEE COPING P LAYOUT SHEETS V W V1 ' � L i•.:�r.l'1:: i ZIE RID COPING ETAILER - 42 WALL Ah HEIGHT Arm App R� OF �Al� 8�A TABLE Tr POOL DIMENSIONS TABLE I EQUIRED PER SIDE POOL SIZE 16'X 32' TYPE II PANEL SIZE 4' 8, 9, 16'x 16'X 32' WIDTH - 2 - LENGTH - 4 - 18'X 36' 20'X 410'Lz WIDTH LENGTH - - 2 - - 4 LENGTH 5 - NOT 1. YOWL) O'Mlt EACK C—T.`=Y: PAD W: -.X A X14XmUM OF 1 CV21C FlooT OF CONCRETE. 2. POUR A 10' X 10' (OR COMPARMLE) CONCRETE RING AT TMs ' BASE OF TM►. WALL AROL-40 TME EN -:RR' POOL. J. F:41SR TMT- POOL BOTTOM WITH A MrN:ML'X OF 2' COMPACTED SL40 OR A VERK:CIILITS MO =11=4T MLX. SUII'1 I N cR ACT IV lil E5 � 1= 1�Pit�i `A`r`5 . N Y 1 l9 . 16'X 32' TYPE II I$'X3o TYPE II 2:X4C' TYPE III A 1616Wll'-6* 18=0' 2C'-0' B 3236=0' 40=0' C 3540=3' 44:x' D 7 - 13'-0' 4=6' 1 4'-6' 5'-0' F TLO' 91-01 10=0' G 6, O' 6-0* 6'-o . H 14=0' 14=0' 15=6' I 8'-O' 8'-0' 81-61 J 4- 8' 4'-8' 5-2* K3--1. 3'- I' l 8'0' E 10=0' SUII'1 I N cR ACT IV lil E5 � 1= 1�Pit�i `A`r`5 . N Y 1 l9 . 0 0 P/0 LOT 127 .�0.�5..E Pio LOT 127 Imimm EX IS T-Vt4 sL' t7EG s: ................................................... g�..... ........ .. ........ LOT 126 TAPPG9% 3$0$� 3 P[ r•o I N86'31'28"W SUFFOLK COUNTY TAX MAP DIST: 1000 SECT: 1 1 B BLK: 3 LOT: 3.1 MAP NO: 156 DATE: AUGUST 16, 1922 LOT(S): P/O 126 & P/O 127 FILED MAP: AMENDED MAP A OF NASSAU POINT LOCATION: CUTCHOGUE TOWN OF SOUTHOLD. COUNTY OF SUFFOLK, STATE OF NEW YORK SURVEYED: JULY 6, 2012 CE97IRFD TO: JOHN F. HANLEY A GAIL L. HANLEY SAFE HARBOR TITLE AGENCY. LTD. TITLE # SH240767R FIDELITY NATIONAL TITLE INSURANCE COMPANY SCALE: 1 "=40'. FILE NO: 1 2-276 I P/0 Wallace T. Bryan Licensed Land Surveyor MAINTAINING THE RECORDS OF BURTON. BEHRENDT h SMITH 559 J'b1&ldle Road .8aypor; New York 11705 (631) 472-1770 Fi= 472-1771 Ar"T yR1>:t.Ar 309.64' OF NEIVT BRIDGE LANE IArir� r oT iaRMgncr avllouar 289.04' 94 am M� N� Do N t WE DOSTFNCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, F ANY. NOT S40WN ARE NOT GUARANTEED. MIS SURVEY WAS PREPARED IN AC.COROAHCE RIM THE EMSTNG CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PRWESSOW LAND sRIREMM ANY AUERAnON OR ADDITION TO THIS SURVEY IS A WILAB N OF SECTION 7209 OF THE NEW Yaws STATE EDUCATION LAVL COPIES OF THIS &MvEY MAP NOT BEARING ME LAID SURVEYOR'S No SEAL OR EMBOSSED SEAL SHALL NOT BE CONSDERM TO BE A YAM TRUE COPY. NO WMAL OF IMS STALE, OR OF ANY CITY. COUNTY.. TORN at W.LAGE THEREIN. CHARGED YAM THE ENFORCEMENT OF LAWS. ORWUMCES OR RE MULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR VECiiCATIONS THAT ARE HOT STAMPED. CERTRTCATIONS INDICATED. HEREON SHALL RUN ONLY to ME PERSON FOR WON TIE SURVEY 15 PREPARtn. AND ON xls BEHALF ro THE 7272E COMPANY. covERIaIFNTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSVEES OF 7HE LENDING INS111U110N CERTIFICATIONS ARE MDT TRANSFERABLE TO ADDITIONAL RMITUMNS OR SIIBSEOUENT OWNERS. RECEIVED JAN p 7 2015 Q OF APPEALS BOARD Z O Q UI Q Z N t WE DOSTFNCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, F ANY. NOT S40WN ARE NOT GUARANTEED. MIS SURVEY WAS PREPARED IN AC.COROAHCE RIM THE EMSTNG CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PRWESSOW LAND sRIREMM ANY AUERAnON OR ADDITION TO THIS SURVEY IS A WILAB N OF SECTION 7209 OF THE NEW Yaws STATE EDUCATION LAVL COPIES OF THIS &MvEY MAP NOT BEARING ME LAID SURVEYOR'S No SEAL OR EMBOSSED SEAL SHALL NOT BE CONSDERM TO BE A YAM TRUE COPY. NO WMAL OF IMS STALE, OR OF ANY CITY. COUNTY.. TORN at W.LAGE THEREIN. CHARGED YAM THE ENFORCEMENT OF LAWS. ORWUMCES OR RE MULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR VECiiCATIONS THAT ARE HOT STAMPED. CERTRTCATIONS INDICATED. HEREON SHALL RUN ONLY to ME PERSON FOR WON TIE SURVEY 15 PREPARtn. AND ON xls BEHALF ro THE 7272E COMPANY. covERIaIFNTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSVEES OF 7HE LENDING INS111U110N CERTIFICATIONS ARE MDT TRANSFERABLE TO ADDITIONAL RMITUMNS OR SIIBSEOUENT OWNERS. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider April 3, 2015 Harvey A. Arnoff. Esq. 206 Roanoke Avenue Riverhead, NY 11901 pE SO!/r�o� h O CA -tile COUNTY,� http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6835 -. Stagg Dear Mr. Amoff: Transmitted for your records is a copy of the Board's April 2, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. V�� Sinncer, %4 �/, � Vicki Toth Encl. Cc: Building Dept. =SEC 111 _LINE :eta < 42 @.OA 4s NOTICE «i«wnmmars Nne - - .Ur10N OF ANr PONTOON OF THE --`"-- "'••••• --�•-- w.�«Nco„Nr.rAxwa�..NON�eIT.o uoNr wTNovr wa PEww�i.a rNE COUNTY OF SUFFOLK © e Real Property Tax Service Agency r rz n". County C. Pj h -d. N r 11901 M A Y P